Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 19, 2010 |
print number 3098a |
Mar 19, 2010 |
amend and recommit to codes |
Jan 06, 2010 |
referred to codes |
Mar 10, 2009 |
referred to codes |
Senate Bill S3098
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S3098 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §265.00, add §§265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S895
2013-2014: S3148
2015-2016: S2491
2017-2018: S3355
2009-S3098 - Summary
Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.
2009-S3098 - Sponsor Memo
BILL NUMBER: S3098 TITLE OF BILL : An act to amend the penal law, the general business law and the education law, in relation to criminally negligent storage of a weapon and weapons safety programs for children PURPOSE : Establishes the "Children's Weapon Accident Prevention Act." Creates crimes related to the unsafe storage of a weapon and criminally negligent storage of a weapon to protect children, and others, from injury and death due to unauthorized access, discharge and use of weapons. SUMMARY OF PROVISIONS : Section 1 contains the short title of the bill. Section 2 contains legislative findings. Section 3 creates 5 new definitions within penal law § 265.00. Section 4 creates 5 new crimes within article 265 of the penal law, and 1 provision related to the applicability of those crimes. Specifically: §265.45 defines failure to store a weapon safely in the second degree as a violation; §265.50 defines failure to store a weapon safely in the first degree as a class A misdemeanor; §265.55
2009-S3098 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3098 2009-2010 Regular Sessions I N S E N A T E March 10, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the general business law and the educa- tion law, in relation to criminally negligent storage of a weapon and weapons safety programs for children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title; construction. 1. This act shall be known and may be cited as the "children's weapon accident prevention act." 2. The provisions of this act shall not be construed to preempt or supersede any local law the provisions of which are no less stringent or restrictive than the provisions of this act. S 2. Legislative findings and intent. The legislature finds that a tragically large number of children have been accidentally killed or seriously injured by negligently stored weapons; that placing weapons within reach or easy access of children is irresponsible, encourages such accidents, and should be prohibited, and that legislative action is necessary to protect the safety of our children. S 3. Section 265.00 of the penal law is amended by adding five new subdivisions 24, 25, 26, 27 and 28 to read as follows: 24. "WEAPON" MEANS A "RIFLE", "SHOTGUN", OR "FIREARM" AS OTHERWISE DEFINED IN SUBDIVISION THREE OF THIS SECTION. 25. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBINATION, OR OTHER UNLOCKING MECHANISM AND IS RESISTANT TO TAMPERING BY AN UNAUTHORIZED PERSON ATTEMPTING TO OBTAIN ACCESS TO AND POSSESSION OF THE WEAPON OR AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES OR THE MINIMUM STANDARDS AND CRITERIA THEREFOR WHICH CONSTITUTE AN EFFECTIVE LOCKED BOX. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06818-01-9
2009-S3098A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §265.00, add §§265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd §396-ee, Gen Bus L; amd §305, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S895
2013-2014: S3148
2015-2016: S2491
2017-2018: S3355
2009-S3098A (ACTIVE) - Summary
Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program.
2009-S3098A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3098A TITLE OF BILL : An act to amend the penal law, the general business law and the education law, in relation to criminally negligent storage of a weapon and weapons safety programs for children PURPOSE : Establishes the "Children's Weapon Accident Prevention Act." Creates crimes related to the unsafe storage of a weapon and criminally negligent storage of a weapon to protect children, and others, from injury and death due to unauthorized access, discharge and use of weapons. SUMMARY OF PROVISIONS : Section 1 contains the short title of the bill. Section 2 contains legislative findings. Section 3 creates 5 new definitions within penal law § 265.00. Section 4 creates 5 new crimes within article 265 of the penal law, and one provision related to the applicability of those crimes. Specifically:
2009-S3098A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3098--A 2009-2010 Regular Sessions I N S E N A T E March 10, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the general business law and the educa- tion law, in relation to criminally negligent storage of a weapon and weapons safety programs for children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title; construction. 1. This act shall be known and may be cited as the "children's weapon accident prevention act." 2. The provisions of this act shall not be construed to preempt or supersede any local law the provisions of which are no less stringent or restrictive than the provisions of this act. S 2. Legislative findings and intent. The legislature finds that a tragically large number of children have been accidentally killed or seriously injured by negligently stored weapons; that placing weapons within reach or easy access of children is irresponsible, encourages such accidents, and should be prohibited, and that legislative action is necessary to protect the safety of our children. S 3. Section 265.00 of the penal law is amended by adding five new subdivisions 24, 25, 26, 27 and 28 to read as follows: 24. "WEAPON" MEANS A "RIFLE", "SHOTGUN", OR "FIREARM" AS OTHERWISE DEFINED IN SUBDIVISION THREE OF THIS SECTION. 25. "LOCKED BOX" MEANS A SAFE, CASE OR CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF BEING OPENED WITHOUT THE KEY, COMBINATION, OR OTHER UNLOCKING MECHANISM AND IS RESISTANT TO TAMPERING BY AN UNAUTHORIZED PERSON ATTEMPTING TO OBTAIN ACCESS TO AND POSSESSION OF THE WEAPON OR AMMUNITION CONTAINED THEREIN. THE DIVISION OF STATE POLICE SHALL DEVELOP AND PROMULGATE RULES AND REGULATIONS SETTING FORTH THE SPECIFIC DEVICES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06818-07-0
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